Alien Child to US Mother traveling to the US on foreign passport

[R&OC 371]

Dear community,

 

I am currently preparing to go into court with the biological father of my two children over the I-130/N-600 process for my children. My lawyer has asked for information which I find almost impossible to research - and I hope one of you may be able to point me into the right direction.

 

I am a US citizen who naturalised in 2020 but lives abroad with my two children under my (second) husbands US military orders. My children do not have a US LPR status.

 

Are my children at a disadvantage without a legal immigrant /US citizenship status when we travel to the US? Can they be returned back "home" because CBP suspects an immigration intent because their mom and stepdad are US citizens?

 

My lawyer would like to argue that the kids are at a disadvantage and could potentially be turned away at the border given the surge of unaccompanied children. But my lawyer is by no means a US immigration lawyer but instead a family law based lawyer in Europe.

 

Is there anyone who could help out with arguments?

[R&OC 371]

My children are German citizens/ residents and minors. I am their US citizen mother but do not qualify for a n-600/n-600k as I recently naturalized. We live abroad under my husbands military orders. He is the stepdad. Their biological dad isn't cooperating for them to receive an LPR status. Are there at risk of being turned away by CBP when traveling with me?

 

Has anyone had their kids being turned away when traveling because CBP assumes an immigration intent?

[SusieQQQ 11,586]

I’m sure people here have opinions but honestly - you’re going to court, I think you need to hire a real US immigration lawyer to help with the arguments. 

[R&OC 371]

35 minutes ago, SusieQQQ said:

I’m sure people here have opinions but honestly - you’re going to court, I think you need to hire a real US immigration lawyer to help with the arguments. 

It's actually my German family lawyer who asked me if there is any ground for an argument of that kind. I agree, though, a US immigration lawyer would be able to help.

Edited May 26, 2021 by R&OC

[Timona 4,207]

Who has custody?

[R&OC 371]

We share custody. I am wondering/concerned that when traveling with both kids that CBP may assume we are trying to adjust status from inside the US and deny them entry. Is there any risk?

[Timona 4,207]

Then you have a say too.

So I would just file I-30 for each of them since you were not a citizen by the time they were born.

Others can come in a chime but I think I-130 is the way for them.  You can file them online.

 

1. Well, as others will tell you here, you cannot use their VWP to come in knowing fully well that they are coming in to adjust.
2. Similarly, AOS is taking forever in the US due to COVID. 1-I30, in in my highest opinion, will be faster so that once they get in, GC production is triggered and you avoid all the USCIS drama. In hindsight, this will also help you deal with the dad problem. Think about it, if you do not understand how it'll help you deal with the dad issue, PM me (just FYI, it is nothing illegal). 

Edited May 26, 2021 by Timona

[Villanelle 4,122]

Please do not make more than one thread on this topic. The mods will probably merge them as it makes it easier if its all in one place...

 

Anyway- the facts are no one except USCs are guaranteed entry. Im sure you can find an attny who is willing to write you up a carefully worded 'low to no risk' of such happening type statement but I dont know how successful it would be. I would ask your current attny what exactly you are trying to establish- specifically- how far does the statement have to go to in fact establish such? reasonable doubt? beyond a reasonable doubt? somewhat convincing? Knowing this can help you ensure you get a proper statement. Attnys will pretty much say anything. I mean thats their job. They pick a side and argue things that are written in law. Again the law is no one except USCs are guaranteed to be allowed to enter but they can still write you up something contradicting or making the black and white statement seem not so black and white. 

 

Or you can attempt the opposite strategy that the Dad must allow them to become LPRs  as preventing them from doing such will restrict your ability to travel with them freely and share custody internationally. You should really be looking at German family court case laws and  perhaps even try to find online actual German family court case examples or German blog posts/attny adverts about the topic as well as consult with multiple attnys who practice in that court with international family situation type experience. Because your attny is asking you for such a vague request it appears they do not have experience in such matters.

[Unlockable 7,314]

*** Two threads of the same topic merged. Please only make one (1) thread per topic on the forum.

 

VJ Moderation

[Demise 1,281]

On 5/26/2021 at 10:10 AM, R&OC said:

Dear community,

 

I am currently preparing to go into court with the biological father of my two children over the I-130/N-600 process for my children. My lawyer has asked for information which I find almost impossible to research - and I hope one of you may be able to point me into the right direction.

 

I am a US citizen who naturalised in 2020 but lives abroad with my two children under my (second) husbands US military orders. My children do not have a US LPR status.

 

Are my children at a disadvantage without a legal immigrant /US citizenship status when we travel to the US? Can they be returned back "home" because CBP suspects an immigration intent because their mom and stepdad are US citizens?

 

My lawyer would like to argue that the kids are at a disadvantage and could potentially be turned away at the border given the surge of unaccompanied children. But my lawyer is by no means a US immigration lawyer but instead a family law based lawyer in Europe.

 

Is there anyone who could help out with arguments?

Info:

1. Where were the kids born?

2. When were the kids born?

3. Were you married to your ex at the time the kids were born. Is your ex a US Citizen?

4. Did you live in US or abroad on military orders for at least 5 years, at least 2 after turning 14?

5. Did you live in US for at 1 continuous year?

Edited May 28, 2021 by Penguin_ie
language

[R&OC 371]

On 5/26/2021 at 7:11 PM, Demise said:

Info:

 

1. The kids were born in Germany

2. 2006 and 2010

3. Yes and no, he is not.

4. I have - but it may not be certain that living under military orders on my husbands orders count towards physical presence. If they do, then I have 5 years physical presence

5. yes 

Edited May 28, 2021 by Penguin_ie

[Mike E 11,739]

19 hours ago, Timona said:

Then you have a say too.

So I would just file I-30 for each of them since you were not a citizen by the time they were born.

Others can come in a chime but I think I-130 is the way for them.  You can file them online.

 

1. Well, as others will tell you here, you cannot use their VWP to come in knowing fully well that they are coming in to adjust.
2. Similarly, AOS is taking forever in the US due to COVID. 1-I30, in in my highest opinion, will be faster so that once they get in, GC production is triggered and you avoid all the USCIS drama. In hindsight, this will also help you deal with the dad problem. Think about it, if you do not understand how it'll help you deal with the dad issue, PM me (just FYI, it is nothing illegal). 

I agree.  
 

OP has posted about this before. 
 

After reading the whole story, my conclusion was that I-130 / DS-260 to get immigration visas for her children was the best option.  As you note she doesn’t need permission.  And since the kids will be in the physical and legal custody of OP they will become e citizens the instant they enter the USA on those immigration visas.  
 

Just because the kids become US citizens doesn’t mean their biological father loses parental rights in the USA.  And in the end, there is nothing the biological father can do to prevent their custodial mother from imposing US citizenship on her children.  
 

It seems dirt simple to me and I would have filed I-130 by now.  

Edited May 27, 2021 by Mike E

[Mike E 11,739]

1 hour ago, R&OC said:

1. The kids were born in Germany

2. 2006 and 2010

3. Yes and no, he is not.

4. I have - but it may not be certain that living under military orders on my husbands orders count towards physical presence. If they do, then I have 5 years physical presence

5. yes 

While you are deciding what to do, you at least need to file I-130 now for the child born in 2006. That child turns 15 this year and thus you have at most 3 years to complete the immigration visa process if you want the child to become a citizen without filing N-400.  
 

While that should be plenty of time, the pandemic has demonstrated that we cannot take immigration opportunities for granted.  We are looking at a window of reopening.  You should seize it for your older child.  The web is littered with posts from 17 year old or older aliens who just missed the opportunity to become instant citizens.   

[Mike E 11,739]

19 hours ago, R&OC said:

We share custody. I am wondering/concerned that when traveling with both kids that CBP may assume we are trying to adjust status from inside the US and deny them entry. Is there any risk?

There is always this risk.  Especially if CBP goes through your phone or computer and finds all your posts on VJ on this topic. If so, I consider it probable.   

[SusieQQQ 11,586]

15 minutes ago, Mike E said:

There is always this risk.  Especially if CBP goes through your phone or computer and finds all your posts on VJ on this topic. If so, I consider it probable.   

OP is a US citizen. It is very rare for CBP to do this for a USC especially with no indication of criminal activity. There are things to worry about in this case but I don’t think this is one of them.